[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 117th Congress]
[117th Congress]
[House Document 116-177]
[Legislate Procedures Enacted in Law]
[Pages 1312-1315]
[From the U.S. Government Publishing Office, www.gpo.gov]


 26. Congressional Accountability Act of 1995, Sec. 304 [2 U.S.C. 1384]

  Sec. 304. substantive regulations.


  (a) regulations.--

          (1) in general.--The procedures applicable to the regulations 

        of the Board issued for the implementation of this Act, which 

        shall include regulations the Board is required to issue under 

        title II (including regulations on the appropriate application 

        of exemptions under the laws made applicable in title II) are as 

        prescribed in this section.

          (2) rulemaking procedure.--Such regulations of the Board--

                  (A) shall be adopted, approved, and issued in 

                accordance with subsection (b); and

                  (B) shall consist of 3 separate bodies of regulations, 


                which shall apply, respectively, to--


  (i) the Senate and employees of the Senate;


  (ii) the House of Representatives and employees of the House of 
Representatives; and


  (iii) all other covered employees and employing offices.

  (b) adoption by the board.--The Board shall adopt the regulations 
referred to in subsection (a)(1) in accordance with the principles and 
procedures set forth in section 553 of title 5, United States Code, and 
as provided in the following provisions of this subsection:

          (1) proposal.--The Board shall publish a general notice of 

        proposed rulemaking under section 553(b) of title 5, United 

        States Code, but, instead of publication of a general notice of 

        proposed rulemaking in the Federal Register, the Board shall 

        transmit such notice to the Speaker of the House of 

        Representatives and the President pro tempore of the Senate for 

        publication in the Congressional Record on the first day on 

        which both Houses are in session following such transmittal. 

        Such notice shall set forth the recommendations of the Deputy 

        Director for the Senate in regard to regulations under 

        subsection (a)(2)(B)(i), the recommendations of the Deputy 

        Director for the House of Representatives in regard to 

        regulations under subsection (a)(2)(B)(ii), and the 


[[Page 1313]]

        recommendations of the Execu

        tive Director for regulations under subsection (a)(2)(B)(iii).

          (2) comment.--Before adopting regulations, the Board shall 

        provide a comment period of at least 30 days after publication 

        of a general notice of proposed rulemaking.

          (3) adoption.--After considering comments, the Board shall 

        adopt regulations and shall transmit notice of such action 

        together with a copy of such regulations to the Speaker of the 

        House of Representatives and the President pro tempore of the 

        Senate for publication in the Congressional Record on the first 

        day on which both Houses are in session following such 

        transmittal.

          (4) recommendation as to method of approval.--The Board shall 

        include a recommendation in the general notice of proposed 

        rulemaking and in the regulations as to whether the regulations 

        should be approved by resolution of the Senate, by resolution of 

        the House of Representatives, by concurrent resolution, or by 

        joint resolution.

  (c) approval of regulations.--

          (1) in general.--Regulations referred to in paragraph 

        (2)(B)(i) of subsection (a) may be approved by the Senate by 

        resolution or by the Congress by concurrent resolution or by 

        joint resolution. Regulations referred to in paragraph 

        (2)(B)(ii) of subsection (a) may be approved by the House of 

        Representatives by resolution or by the Congress by concurrent 

        resolution or by joint resolution. Regulations referred to in 

        paragraph (2)(B)(iii) may be approved by Congress by concurrent 

        resolution or by joint resolution.

          (2) referral.--Upon receipt of a notice of adoption of 

        regulations under subsection (b)(3), the presiding officers of 

        the House of Representatives and the Senate shall refer such 

        notice, together with a copy of such regulations, to the 

        appropriate committee or committees of the House of 

        Representatives and of the Senate. The purpose of the referral 

        shall be to consider whether such regulations should be 

        approved, and, if so, whether such approval should be by 

        resolution of the House of Representatives or of the Senate, by 

        concurrent resolution or by joint resolution.

          (3) joint referral and discharge in the senate.--The presiding 

        officer of the Senate may refer the notice of issuance of 


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        regulations, or any resolution

        of approval of regulations, to one committee or jointly to more 

        than one committee. If a committee of the Senate acts to report 

        a jointly referred measure, any other committee of the Senate 

        must act within 30 calendar days of continuous session, or be 

        automatically discharged.

          (4) one-house resolution or concurrent resolution.--In the 

        case of a resolution of the House of Representatives or the 

        Senate or a concurrent resolution referred to in paragraph (1), 

        the matter after the resolving clause shall be the following: 

        ``The following regulations issued by the Office of 

        Congressional Workplace Rights on ___ are hereby approved:'' 

        (the blank space being appropriately filled in, and the text of 

        the regulations being set forth).

          (5) joint resolution.--In the case of joint resolution 

        referred to in paragraph (1), the matter after the resolving 

        clause shall be the following: ``The following regulations 

        issued by the Office of Congressional Workplace Rights on ___ 

        are hereby approved and shall have the force and effect of 

        law:'' (the blank space being appropriately filled in, and the 

        text of the regulations being set forth).

  (d) issuance and effective date.--

          (1) publication.--After approval of regulations under 

        subsection (c), the Board shall submit the regulations to the 

        Speaker of the House of Representatives and the President pro 

        tempore of the Senate for publication in the Congressional 

        Record on the first day on which both Houses are in session 

        following such transmittal.

          (2) date of issuance.--The date of issuance of regulations 

        shall be the date on which they are published in the 

        Congressional Record under paragraph (1).

          (3) effective date.--Regulations shall become effective not 

        less than 60 days after the regulations are issued, except that 

        the Board may provide for an earlier effective date for good 

        cause found (within the meaning of section 553(d)(3) of title 5, 

        United States Code) and published with the regulation.


[[Page 1315]]

that satisfy the criteria for dispensing with publication of such notice 
pursuant to section 553(b)(B) of title 5, United States Code.

  (e) amendment of regulations.--Regulations may be amended in the same 
manner as is described in this section for the adoption, approval, and 
issuance of regulations, except that the Board may, in its discretion, 
dispense with publication of a general notice of proposed rulemaking of 
minor, technical, or urgent amendments


                                  * * *

  In the 104th Congress the House agreed to a concurrent resolution 
approving with changes regulations promulgated by the Office of 
Compliance (now ``Office of Congressional Workplace Rights'') under this 
provision (Precedents (Wickham), ch. 6, Sec. 28.4). On December 19, 
1995, the House agreed to a resolution and a concurrent resolution 
providing ``provisional'' approval of regulations not yet promulgated 
(H. Res. 311, p. 37590; H. Con. Res. 123, p. 37632).




                                                           Sec. 1130(27)